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[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Notices]
[Pages 24195-24197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09554]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0844; FRL-9383-5]

Product Cancellation Order for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations, 
voluntarily requested by the registrants and accepted by the Agency, of 
the products listed in Table 1. and 2. of Unit II., pursuant to the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This 
cancellation order follows a December 19, 2012 Federal Register Notice 
of Receipt of Request from the registrants listed in Table 3. of Unit 
II. to voluntarily cancel these technical and end use product 
registrations. In the December 19, 2012 notice, EPA indicated that it 
would issue an order implementing the cancellations unless the Agency 
received substantive comments within the 30-day comment period that 
would merit its further review of these requests, or unless the 
registrants withdrew their requests. The Agency received one set of 
comments on the notice, and the comments did not merit EPA's further 
review of the request. Further, the registrants did not withdraw their 
requests. Accordingly, EPA hereby issues in this notice a cancellation 
order granting the requested cancellations. Any distribution, sale, or 
use of the products subject to this cancellation order is permitted 
only in accordance with the terms of this order, including any existing 
stocks provisions.

DATES: The allethrin series of pyrethroid insecticides includes 
bioallethrin (PC code 004003), esbiol (004004), esbiothrin (004007), 
and pynamin forte (004005). The cancellation for all allethrins 
technical products, listed in Table 1. of Unit II., will be effective 
September 30, 2015; no use of technical allethrins products to 
formulate any end use products will be permitted after December 31, 
2015; and the cancellation for the allethrins end use products listed 
in Table 2. of Unit II. will be effective December 31, 2016.

FOR FURTHER INFORMATION CONTACT: Molly Clayton, Pesticide Re-Evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 603-0522; fax number: (703) 308-8090; 
email address: clayton.molly@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may be interested, the Agency 
has not attempted to describe all the specific entities that may be 
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2012-0844 is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution 
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional

[[Page 24196]]

information about the docket available at http://www.epa.gov/dockets.

II. What action is the agency taking?

    This notice announces the cancellation, as requested by registrants 
of products registered under FIFRA section 3. These registrations are 
listed in sequence by registration number in Tables 1. and 2. of this 
unit.

                Table 1--Technical Product Cancellations
------------------------------------------------------------------------
             Registration No.                       Product name
------------------------------------------------------------------------
10308-3...................................  Pynamin Forte Technical.
73049-105.................................  Bioallethrin Technical.
73049-125.................................  Crossfire Technical.
73049-155.................................  Esbiol Technical.
73049-156.................................  Crossfire Technical.
73049-359.................................  Bioallethrin Technical.
73049-394.................................  VBC Bioallethrin 90%
                                             Concentrate.
73049-395.................................  VBC Esbiol Concentrate.
73049-399.................................  VBC Esbiothrin.
------------------------------------------------------------------------

                 Table 2--End Use Product Cancellations
------------------------------------------------------------------------
             Registration No.                       Product name
------------------------------------------------------------------------
73049-157.................................  Cypermethrin/Esbiothrin/
                                             Piperonyl Butoxide 0.05%/
                                             0.1%/0.4% A.
73049-177.................................  DS 205 Insecticide.
73049-178.................................  UltraTec DS 215 Insecticide.
73049-180.................................  DS 530 Insecticide.
73049-183.................................  ULTRATEC DS 210 Insecticide.
73049-184.................................  Ultratec KD AC.
73049-210.................................  DSP 0.25-2.5-25 AC.
73049-354.................................  UltraTec DS OB AC.
73049-389.................................  UltraTec DSP 515
                                             Insecticide.
73049-390.................................  UltraTec DS 105 OB
                                             Insecticide.
------------------------------------------------------------------------

    Table 3. of this unit includes the names and addresses of record 
for all registrants of the products in Tables 1. and 2. of this unit, 
in sequence by EPA company number. This number corresponds to the first 
part of the EPA registration numbers of the products listed in Table 1. 
of this unit.

               Table 3--Registrants of Cancelled Products
------------------------------------------------------------------------
              EPA Company No.                 Company name and  address
------------------------------------------------------------------------
10308.....................................  Sumitomo Chemical Company,
                                             Ltd., 1330 Dillon Heights
                                             Avenue, Baltimore, MD 21228-
                                             1199.
73049.....................................  Valent BioSciences
                                             Corporation, 870 Technology
                                             Way, Suite 100,
                                             Libertyville, IL 60048-
                                             6316.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    During the comment period, the Agency received comments from 
ThermaCELL (a division of The Schawbel Corporation), a company that 
uses an allethrin technical product, for which cancellation was 
requested, in the formulation of its end use products. In its comments, 
ThermaCELL asks for additional time to formulate its allethrins end use 
products, beyond the date of December 31, 2015, as specified in the 
Notice of Receipt of a Request to Voluntarily Cancel Certain Pesticide 
Registrations, in order to pursue alternative formulation and product 
design options. ThermaCELL also recommended certain changes to the 
proposed cancellation order. For example, ThermaCELL asked that EPA 
change the definition of existing stocks to allow existing stocks 
stored overseas to be imported and sold in the United States. 
ThermaCELL also requested EPA modify the language regarding the dates 
related to existing stocks. Finally, ThermaCELL requested that 
companies be given until 2020 to identify an alternative provider of 
allethrins because that was the Agency's projected timeframe for 
completing registration review.
    The cancellation schedule allows almost 3 years (from March 2013 to 
December 2015) before formulation of allethrins end use products using 
the cancelled technical products would be prohibited. ThermaCELL did 
not explain its basis for suggesting that cancellation as of December 
2015 would be insufficient to develop alternative product formulations 
or equipment. As for the suggested changes to the cancellation order 
language, both the Notice of Receipt of a Request to Voluntarily Cancel 
Certain Pesticide Registrations and this Product Cancellation Order 
provide the standard language for existing stocks used by EPA when 
describing cancellation actions. The existing stocks dates are well 
into the future, including that as of January 1, 2017, persons other 
than registrants (including ThermaCELL) will be allowed to sell, 
distribute, or use existing stocks of cancelled end use products until 
such stocks are exhausted. EPA does not believe it is necessary to 
modify the definition of, and dates for, formulation and use of 
existing stocks here. For these reasons, the Agency does not believe 
that the comments submitted during the comment period merit further 
review or a denial of the requests for voluntary cancellation.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellations of the registrations identified in Table 1. and 2. of 
Unit II. Accordingly, the Agency orders that the product registrations 
identified in Table 1. and 2. of Unit II. are canceled. The effective 
date of the cancellations that are the subject of this notice are as 
follows: the cancellation for all allethrins technical products, listed 
in Table 1. of Unit II., will be effective September 30, 2015; no use 
of technical allethrins products to formulate any end use products will 
be permitted after December 31, 2015; and the cancellation for the 
allethrins end use products listed in Table 2. of Unit II. will be 
effective December 31, 2016. Any distribution, sale, or use of existing 
stocks of the products identified in Tables 1. and 2. of Unit II. in a 
manner inconsistent with any of the provisions for disposition of 
existing stocks set forth in Unit VI. will be a violation of FIFRA.

V. What is the agency's authority for taking this action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide 
product may at any time request that any of its pesticide registrations 
be canceled or amended to terminate one or more uses. FIFRA further 
provides that, before acting on the request, EPA must publish a notice 
of receipt of any such request in the Federal Register. Thereafter, 
following the public comment period, the EPA Administrator may approve 
such a request. The notice of receipt for this action was published for 
comment in the Federal Register issue of December 19, 2012 (77 FR 
75157) (FRL-9368-8). The comment period closed on January 17, 2013.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
which are currently in the United States and which were packaged, 
labeled, and released for shipment prior to the effective date of the 
cancellation action. The registrants may continue to sell and 
distribute existing stocks of technical

[[Page 24197]]

products listed in Table 1. of Unit II. up to and including September 
30, 2015, and end use products listed in Table 2. of Unit II. up to and 
including December 31, 2016. The following terms and conditions are 
applicable to existing stocks:
     No sale or distribution of allethrins technical products 
by any person, other than for purposes of disposal or export, will be 
permitted after September 30, 2015.
     No use of technical allethrins products to formulate end 
use products will be permitted after December 31, 2015.
     As of January 1, 2017, persons other than registrants will 
be allowed to sell, distribute, or use existing stocks of cancelled end 
use products until such stocks are exhausted. Use of existing stocks 
will be permitted only to the extent that the use is consistent with 
the terms of the previously-approved labeling accompanying the product 
used.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 11, 2013.
Richard P. Keigwin Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2013-09554 Filed 4-23-13; 8:45 am]
BILLING CODE 6560-50-P
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